Term of sales and legal information

We are pleased to welcome you to our website www.phytema-cosmetiques.com (hereinafter referred to as the "Site"). This site is owned by PHYTEMA, 1206A Route de Mijoux, 73310 Ruffieux, represented by Mr ARDUIN. Tel: 04.79.52.23.08 Customer Service info@phytema-sas.com number Siret: 439 536 392 00012.

PREAMBLE

Environmental protection is a responsibility for all. Faced with this challenge, all the products offered by PHYTEMA labeled "organic" are from organic and ecological agriculture and are certified by BUREAU VERITAS (Quality France) and COSMEBIO. Your orders are packed with ECO FOAM, 100% ecological and biodegradable.

Article 1: General Provisions

These terms and conditions ("Terms") apply exclusively between the company PHYTEMA SAS 1206A Route de Mijoux, 73310 Ruffieux (Company), and any natural or legal person making a purchase via the website www.positiv-hair.com They supersede any purchasing conditions not expressly accepted the client. The failure to take advantage at one point in one of the Terms shall be construed as a waiver of it.

Anyone can read the Conditions of the site www.positiv-hair.com (hereinafter the Site) and certify have read and accepted before each command.

The information contained in catalogs, notes and scales are given as an indication, the Company may be required to change at any time without notice due to changes in technical or economic conditions.

Article 2: Ordering and order validation

Conditions to place an order: you declare be at least 18 years old and have the legal capacity or holds parental permission allowing you to place an order on the site. We remind you that it is essential to include your full contact details. WARNING: It is imperative to give us a phone number and / or a valid email address, in order to process your order.

The date of the order is:

1. the order date for payments by credit card online

2. the date of receipt of the check or money order if paid by check or money

The company is committed to the client only if the order has been accepted by a Command Acknowledgement of Receipt ("CRA") or a written confirmation issued by our company mailed. Written by which we also inform you of sending your articles.

Article 2 Bis: Ordering and Loyalty Points

Loyalty points are deductible only for orders placed on the internet & not including any promotional item. They are valid for 1 year from the date of acquisition.

Article 3: Amendment or cancellation of order

You can modify your order until the dispatch of your articles. To be considered, any modification or cancellation of order must be made 1 (one) week later than the date of shipment confirmed the CRA for the products. Our Company reserves the right to accept or reject a change or cancellation of order reached within less than that stated above. In case of non-acceptance by society of the modification or cancellation, any down payment will not be returned.

Our Company shall be entitled to suspend the execution of the order in the cases below: non-compliance with terms of payment by the Customer, Customer's failure to provide the information in time.

The right to suspend the execution of the contract will also be invoked if the production of our factory is hampered by a delay or lack of supply of raw materials and auxiliary materials, rationing of energy or transportation difficulties it may be provided or not.

In any event, given the time begin to run from the day the client has provided to our Company all and each of the technical information necessary for the execution of the order and set up the means to credit and / or payment provided on the CRA.

Article 4: Returns - Right of withdrawal

-> Law No. 2014-344 of 17 March 2014:

As of June 14, 2014, as part of a sale at a distance, following a telephone solicitation or off-premises (in a doorstep for example), the withdrawal period with the consumer benefits password to 14 days the period running from the date of conclusion of the contract for the provision of services and the date of receipt of the goods by the consumer for sales contracts. This period shall be extended by 12 months if the information on the right of withdrawal has not been given.

-> Law Complemented by Decree No. 2014-1061 of 17 September 2014 (pre-contractual and contractual information given by the Professional consumers).

The consumer may inform the trader of his decision to withdraw, providing a withdrawal form or any other statement, unambiguous, expressing his desire to withdraw.

The consumer will not have to justify its decision, nor to bear any costs other than the direct cost of returning goods (unless the trader agrees to take responsibility for them or has failed to inform the consumer that these costs are dependent), and additional charges if he specifically chose a more expensive mode of delivery than the standard proposed by the professional delivery method. He will return or return the property within 14 days after notification of the decision in their original condition - Packaging and non-initiated products in perfect condition.

For its part, the professional will refund the consumer within 14 days maximum from the date on which he will be informed of the consumer's decision to withdraw.

For contracts of sale of goods, unless he offered to collect the goods himself, the trader may withhold the reimbursement until recovery of property or until the consumer has supplied evidence of shipment of the goods, whichever is the earliest of these facts. For further information, you must contact Customer Service at 04.79.52.23.08. The shipping costs of the return package remain the responsibility of the user. Initial shipping charges are not refunded.

RETURN OF PACKAGES OR DAMAGED ITEMS DURING TRANSPORT

You have the option to refuse delivery of a damaged package, damaged, open ..

In this case, we thank you kindly, upon delivery:

1. issue with the carrier (the latter will be solely responsible for any damage caused during transport)

2. and send us a copy of the delivery note with handwritten reserves.

If we agree to replace the damaged product, you must return the product within 30 days of the date on which we have confirmed it to be replaced. In case of non-compliance with your obligation to return the damaged product in said period of 30 days, replacement will not take place.

If the replacement was made before the return of the damaged product, in case of failure to comply with your obligation to return within the said period of 30 days, a second sale will be deemed to have been made by us. We reserve the right to charge the credit card you used for your order, an amount equivalent to the price of damaged product that you have not returned to us. In all cases, the transport costs involved in this replacement shall be borne by the purchaser.

Concerning the processing of retained by the provider package. These are the packages that have not been delivered to the final destination for the following reasons: IASP, unclaimed, refused, transport damage

RETURNS THE REASON "bounces" These are the packages returned by the service provider responsible for delivery under the heading: Do not live at this address. The costs involved in a new shipment is at the customer's expense.

RETURNS ON THE GROUND "NO CALLS": These are the packages that have not been claimed by customers at the post office on time. The costs involved in a new shipment is at the customer's expense.

RETURNS THE REASON "DECLINE" You have refused the package on delivery because it showed obvious signs of openness, shocks. We ask you to write down the caveats about the delivery of the mail. You must contact our services to inform us. After receiving your package by us, we will open investigation with the postal services to see if we proceed to the replacement of the package.

RETURNS BY REFERENCE ERROR: You have 14 days to report that the product received is not the product ordered: reference error, problem features, completely different product. The product must be returned in good condition and in its original packaging with all its contents.

If this error comes from your order preparation errors, the products will be quickly replaced at our expense. If it is a mistake you have made in the order, the costs involved in the exchange and return of the products will be your responsibility.

Article 5: Price

The Company reserves the right to change prices at any time. The repetitive responses to a request for price discounts are for information only and without commitment on our part. Any offer no indication of an option is only valid within 15 days of the date of this offer. Prices displayed on the site are indicated in euros all taxes included French (French VAT and other applicable taxes), excluding the postage to your order processing fee. The products are supplied at the prices prevailing at the time of placing the order, according to the tariffs of the date of this order.

If, despite all our efforts, our website includes a pricing error. However, be assured that we conduct price verification when sending your item. We will inform you and will cancel your order, unless you choose to accept the order at the new price.

Article 6: Customs

Any order placed on the Site and delivered outside of metropolitan France may be subject to taxes and customs duties which are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of an item are your responsibility and are your responsibility. We are not required to check and inform you of customs duties and taxes. To know them, we advise you to check with the relevant authorities in your country.

Article 7: Availability and Delivery

We can accept your orders within the limits of available stocks. On receipt of your order, we check the availability of the items ordered. If items are unavailable, we will notify you by e-mail as soon as possible. (I) In case of unavailability of one of the products in your order, the company may decide to delay the shipment of your entire order. (Ii) In case of unavailability, we reserve the right to propose replacing an article of a quality and an equivalent price. If you do not want this section of equivalent quality and price, you can cancel your order. If we can provide you with quality and equivalent price, your order will be canceled automatically.

Risk transfer product occurs upon shipment warehouses of our Company. One result is that the goods travel at the risk of the Customer. SHIPPING € 8.90 for France, Monaco and Corsica. For other destinations, packages were calculated. These are likely to be adjusted upward if the weight of your shipment warrants. The SHIPPING are offered for delivery in metropolitan France from 99 euros purchase, or buying some packs PROMO (in promotions of periods).

The products are delivered to the shipping address you provided during the ordering process. Delivery is made either by direct delivery of the product to the buyer, or by delivery to a shipper or carrier in the premises of our Company.

Despite the care taken in the preparation of your shipments, a processing time and preparation before shipping can be added ad hoc basis depending on the number and characteristics of orders to process and during PROMOTIONS and big crowds.

A warning email will be sent the day of shipment of your package, with its No. routing, allowing you to track the progress of your order.

For packages of less than 30 pounds, it is sent via Colissimo MAIL, at home, walk-taking, signing with *. The normal delivery time of the post is approximately 2 to 3 working days.

* Signing a slip distribution acknowledgment will be required in exchange for the delivery of the parcel. If absent, the user or recipient of the item receives a calling card bearing the words tracking your parcel number which allows him to withdraw the ordered products at the nearest post office, for a period fifteen days. If you inadvertently did not have a calling card, we leave it to you to bring you very quickly our services so that we can send you the tracking number of your package.

The delivery time is provided for information purposes and any overshoot can lead either to damages nor retained all or part of the price or cancellation of current orders. The Company shall not be held liable for breach of contract due to the occurrence of a chance event, particularly in case of total or partial strike of postal services, carriers, and disasters caused by floods, fires ... In no cases, the Company can not be held responsible for delays longer inhérants operation of MAIL. The User is obliged to check the presence of the post officer or the deliverer, the state of the packaging of the goods and content delivery.

Article 8: Payment and security

On our website you can make your EITHER regulation, payment card, check or bank transfer.

By credit card: payment is on a secure server of our partner bank BNP. This implies that no banking information concerning you is transmitted via the www.positiv-hair.com site. Payment by credit card is perfectly secure. The details of your card is encrypted and never transmitted unencrypted. The PHYTEMA company has no access to these details, and keeps them on any server. This is why it will be required for each new transaction on our site. Your order will be recorded upon acceptance of payment by the bank. Cards issued by banks outside of France must be international bank cards.

By bank check or bank transfer: The order will be processed upon receipt of your check or bank transfer and after validation.

Payment by check is only possible for checks or bank transfers in Euros drawn on a bank domiciled in France or Monaco. If paying by check, the cashing of the check is performed upon receipt of the check. The check should be made payable to: PHYTEMA and sent to the address: PHYTEMA. 1206A Route de Mijoux 73310 RUFFIEUX

The Company reserves the right to refuse to make a delivery or to deliver an order from a consumer who has fully paid or a previous order or with whom a payment dispute is under administration.

Article 9: Reservation

The delivered goods remain our property until their shipment upon delivery to the carrier, once you've paid the price. At this point, the risk of the goods passes to the customer. It is expressly agreed that our Company retains ownership of the goods until full payment of their price in principal and interest, the giving of treats or other instrument creating an obligation to pay does not constitute payment of delivery.

Article 10: fortuitous circumstances or force majeure

Acts of God or force majeure allow our Company, as appropriate, cancel the order, suspend performance or delay the delivery without the Client to claim any compensation or he may postpone his order with a another supplier.

In such case, the Company shall inform the client as soon as possible by the most appropriate means. In case of suspension of the order, the Customer undertakes to take all necessary steps to extend the validity of credit facilities and / or payment during the period of suspension of the order and until the delivery may be performed. The Customer alone bear the cost of the extension. In any event, the parties shall be released from all obligations without compensation due to side or the other when the duration of fortuitous event or force majeure exceeds one (1) year.

Article 11: Guarantees and responsibility

You benefit from the legal guarantee against hidden defects. We accept no liability in the event or article fails to comply with the legislation of the country of delivery other than France. We are committed to provide all the care in use in the profession for the implementation of the service to the client. Nevertheless, our liability will be retained in case of breach of our contractual obligations because of a fortuitous event or force majeure as defined by case law made by the French courts.

Our responsibility will not be engaged in case of delay due to a shortage of stock at the supplier. Furthermore, in case of substantial differences between the photographs of presentation of items on our website, texts and illustrations and the items ordered, our responsibility will not be committed. We implement all the means at our disposal to ensure the benefits of these objects Terms & Conditions.

Article 12: Protection and management of personal data

Phytema™ may collect and store information relating to the user during certain procedures, in particular but not limited to instances where the user:

* Purchases a product

* Subscribes to an automatic emailing list (our newsletters)

* Contacts Phytema™ SAS

* Takes part in a game or competition

* Responds to a survey.

The personal data collected by the Phytema™ website is subject to a declaration submitted to the CNIL (French data protection and civil liberties commission) under the number 731535. The user has a right to access, modify, rectify and delete his/her personal data (under the French act of 6 January 1978 pertaining to data protection). To exercise this right, simply log on to your user account and go to the “My personal data” section.

For any requests relating to the exercise of these rights, please contact us at: info@Phytema-sas.com. Alternatively, you can write to our head office at Phytema™, 1206A Route de Mijoux, 73310 Ruffieux, France.

Phytema™ SAS undertakes not to disclose your personal information, unless expressly authorised by the user to do so, or in specific circumstances. Phytema™ may be obliged to disclose confidential information when this is necessary to identify, question or prosecute any individual who may have infringed the rights of Phytema™ SAS, of another user, or of a third party. Phytema™ may also be legally obliged to disclose personal data and cannot refuse to do so in such cases.

The data that we collect may include:

- Your name and contact details

- Your address and telephone number

- Your email address.

We use this information to manage your account, process your orders, and send you information, in particular promotional information through our newsletter, if you decide to subscribe to it.

Tracking cookies

Tracking cookies enable us to collect statistics relating to your visit so as to improve your experience of our website.

These cookies will be kept for one year, after which you will be asked to renew your consent to enable us to continue to collect your data.

Security

To guarantee the security of your data, our website uses the HTTPS protocol, which encrypts the data exchanged between you and our website.

Furthermore, we do not record your bank details, so you can order with us with total peace of mind.

The fees for the documentation provided to the Customer are the exclusive property of the Company. Any duplication or disclosure to third parties of all or part of this material is prohibited without the written permission of the Company. The format and content of this site together constitute a work protected by the laws on intellectual property, including PHYTEMA holds. The use or reproduction, even partial, of texts, photos or graphs it contains, is prohibited without the prior written consent of PHYTEMA, and would be likely to constitute infringement. Similarly, any reproduction, adaptation, translation, or modification, or partial or transfer to another site are prohibited without the written consent of PHYTEMA. We grant you a limited license to access and use the site for your personal use. In no case you are allowed to download or modify all or part of this website without our express written permission. This access allows you to use in any case, for the sale or other commercial use this site or its contents (listed products, descriptions, prices, downloading or copying information on behalf of another trader, use of data, software, sound clips, graphics, images, texts, photographs, tools).

You must not use techniques to copy a trademark, logo, or other information (including images, text, models) which we own, without our express written consent. You must not use any meta tags or any other "hidden" text containing our name, our brand or that of our affiliates without our express written consent.

The PHYTEMA brands PHYTEMABIO, Positiv'hair, POSITIV'SKIN, POSITIV'SUN, POSITIV'CAPIL, SENS'OIL, NECTAR OF SHAMPOO BIO FLOWER, COLOR 24, PHYT'IN, BLACKBAO and their logos are trademarks, these products, and exclusive models are protected by the necessary patents or models. Drawings, photographs, images, texts industrial property rights objects and / or intellectual property and are PHYTEMA. Their reproduction, partially or entirely, without the prior written consent PHYTEMA of is strictly prohibited. PHYTEMA reserves the right to modify, add, delete, or change at any time, or all of the brands it owns.

Article 14: Comments, criticisms, communications and other content

Users of this site can we address criticisms, comments or other content. We submit suggestions, ideas, questions, or other information as the content is not illegal, obscene, abusive, threatening, defamatory, contravening intellectual property rights, or prejudicial to third parties and does not consist or does not contain software viruses, political activism, commercial solicitations, mass mailing, chains or any other form of "spam".

You may not use a false email address, impersonate any person or entity, or misrepresent the origin of content. We reserve the right, at our sole discretion to remove or edit any content, including for technical reasons (insufficient storage capacity, viruses, clarity of the webpage) or legal (About defamatory, libelous, racist , obscene, or advocating crimes against humanity). The reasons mentioned above are by way of example and should not be construed as exhaustive.

Article 15: Applicable law and jurisdiction

The GTC, like all contracts concluded within their framework will be subject to the provisions of the Convention of Vienna of 11 April 1980 on the International Sale of Goods, and, in the alternative, by French law. In case of a dispute over the GTC or contracts concluded under them, express and exclusive jurisdiction is given to the competent courts of the registered office of our Company, evening the Commercial Court of Chambery.

Article 16: Identification

This www.phytema-cosmetiques.com website is owned and operated by PHYTEMA society. If you have a question about our site, you can write to the head office located at the following address:

PHYTEMA SAS. 1206A Route de Mijoux. 73310 RUFFIEUX

Tel: 04 79 52 23 08 OR info@phytema-sas.com

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